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An Act To Ensure Fair Compensation for Licensed Insurance Agents
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2189  is enacted to read:
§ 2189. Requirements related to enrollment in qualified health plans
 
1.  Definition.     As used in this section, unless the context otherwise indicates, "exchange" has the same meaning as in section 2188, subsection 1, paragraph A.
 
2.  Requirements.     An insurer that offers a qualified health plan in this State through the exchange or outside of the exchange shall:
 
A.  Pay a commission to a licensed insurance producer or consultant for the enrollment of an individual or employee in a qualified health plan;
 
B.  Require that the enrollment of an individual or employee in a qualified health plan during any special enrollment period authorized under the federal Affordable Care Act is made by a licensed insurance producer or consultant;
 
C.  Pay a commission to a licensed insurance producer or consultant for enrollment in a qualified health plan during any special enrollment period that is equal to the commission paid for enrollment during the insurer's annual enrollment period; and
 
D.  Prior to authorizing a licensed insurance producer or consultant to enroll an individual or employee during a special enrollment period, require the licensed insurance producer or consultant to undergo training to recognize potential cases of fraud, waste and abuse related to special enrollment periods.
 
SUMMARY
This bill requires insurers that offer qualified health plans in this State to ensure that only licensed insurance producers and consultants enroll individuals and employees during special enrollment periods and to meet certain compensation requirements for enrollment during annual and special enrollment periods. The bill also requires that these insurance producers and consultants receive training to recognize potential cases of fraud, waste and abuse related to special enrollment periods.